Judges aren’t gods: A South African reality check

Western Cape High Court Judge Mushtak Parker has been found guilty of gross misconduct by the Judicial Service Commission. Suspended Judge Tintswalo Makhubele appeals Judicial Service Commission’s misconduct ruling. In South Africa, the judiciary is often regarded as the ultimate guardian of constitutional rights and impartiality.

Its role in upholding the rule of law is vital, and its independence is crucial to a functioning democracy. But judges are not gods. They are human beings, subject to the same biases, pressures, and limitations as anyone else.

Acknowledging this reality is not a critique of the judiciary but a necessary step toward ensuring it remains accountable and effective. Over the past three years, the South African judicial system has witnessed a notable surge in complaints against judges, with more than 350 cases recorded from 2022 to 2025. The most striking figures emerged in the 2024/25 period, during which 132 complaints were lodged.

[paywall]

At first glance, these numbers may raise alarm, suggesting potential issues within the ranks of the judiciary. However, a closer examination reveals that these complaints may not indicate misconduct in the traditional sense; rather, they stem from a variety of common frustrations experienced by those navigating the legal system.

[/paywall]